IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Reserved on: 10.07.2025 Pronounced on: 18.07.2025 CRA No.43/2018 GHULAM MEHDI PANDIT ... APPELLANT(S)

Through: - Mr. Altaf Haqani, Sr. Advocate, with Mr. Shakir Haqani, Advocate, Mr. Aasif Wani, Advocate.

Vs.

STATE OF J&K …RESPONDENT(S)

Through: - Mr. Mohsin Qadiri, Sr. AAG, with Ms. Nadiya Abdullah, Assisting Counsel.

CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1) The present appeal is directed against the judgment dated 26.09.2018 passed by the learned Special Judge Anticorruption, Kashmir, Srinagar (hereinafter referred to as the trial court) whereby the appellant has been convicted of offences under Section 5(1) read 5(2) of J&K Prevention of Corruption Act [ for short “the PC Act”] and Section 161 of RPC. Vide the impugned judgment, the appellant has been sentenced to undergo simple imprisonment for a period of one year and to pay a fine of Rs.15000/ in proof of offence under Section 5(1) read with 5(2) of the PC Act. The appellant has been further sentenced to undergo six months simple imprisonment for offence punishable under Section 161 RPC and to pay a fine of Rs.2500/. Both the sentences have been directed to run concurrently and in default of payment of fine, the appellant has been further directed to undergo simple imprisonment for three months.

2) As per the prosecution case, on 2^nd April, 2007, complainant-PW Mohammad Ramzan Bhat lodged a written complaint before the Vigilance Organization, Kashmir, alleging therein that the case pertaining to pathway to his house situated near Srinagar Airport is pending before the Deputy Commissioner, Budgam. It was alleged in the complaint that the relevant file is pending before the appellant/accused, who is posted as Clerk in DC Office, Budgam, for processing and clearing. According to the complainant, the appellant/accused was demanding an illegal gratification of Rs.5000/ for processing the file whereas the complainant had been able to arrange only Rs.3000/. It was stated in the complaint that the complainant was reluctant to pay bribe to the appellant/accused and prayed for action against him.

3) On the basis of aforesaid complaint, FIR No.21/2007 for offences under Section 5(2) of the PC Act read with Section 161 of RPC came to be registered with Police Station Vigilance Organization, Kashmir (VOK) and investigation was commenced. A trap team comprising officers/officials of VOK was constituted for laying trap against the appellant/ accused. Services of one independent witness, PW-Mushtaq Ahmad Mir, AE Urban Local Bodies, Srinagar, were also requisitioned and he was associated in the trap proceedings. The complainant is stated to have produced Rs.3000/ comprising one currency note of Rs.1000/ denomination, two currency notes of Rs.500/ denomination and ten currency notes of Rs.100/ denomination before the members of the trap team.

4) After conducting pre-trap demonstration, the complainant along with other members of the trap team proceeded to the office of Deputy Commissioner, Budgam, where the complainant along with independent witness, PW- Mushtaq Ahmad Mir went inside the office room of the appellant and in pursuance of his demand, the complainant tendered currency notes that were smeared with Phenolphthalein powder to the appellant/accused who accepted the same. Thereafter a pre-fixed signal was given by the independent witness to other members of the trap team who rushed to the spot and apprehended the appellant/accused. Upon search of right pocket of his coat, the tainted money was recovered from the possession of the appellant which was seized on spot. Thereafter the appellant/accused was made to wash his hands in the solution of Sodium Carbonate which turned pink. Similarly, right pocket of coat of the appellant/accused was also washed in Sodium Carbonate solution and the same also turned pink. These solutions were put in bottles and the same were sealed on spot. Thereafter the appellant/accused was